Physical Activity in Parks - FAQs

Does the council currently have a scheme which charges fitness instructors to use parks for business?

Yes.

Under what legislation, regulation, authority does the council charge?

Section 19(2) of the Local Government (Miscellaneous Provisions) Act 1976 empowers the council to make recreational facilities available for use by such persons as the council thinks fit either without charge or on such pay.

Section 111 of the Local Government Act, 1972 enables the council to do anything that is calculated to facilitate or is conducive or incidental to the discharging of its functions as a local authority.

Section 2 of the Local Government Act 2000 empowers the council to take action to implement measures it considers likely to achieve the promotion or improvement of the economic, social or environmental well-being of the borough.

Are any other groups of people, businesses, or service providers such as dog walkers, child minders, sports clubs charged to use the parks?

The council will currently only charge commercial fitness and sports providers who deliver organised sessions, including personal training, in the parks who are charging their participants to attend. In some other circumstances, where a charge is passed on to a member of the public by the provider for none sport or fitness sessions, a charge maybe considered.

What is the position in relation to insurance?

The provider must prove they have public liability insurance to be carrying out the activities they are charging for.

Who pays for the insurance?

The provider.

Who will deal with claims of injury caused within the parks?

Due to the many variables involved this would be dealt with on a case by case basis.

Will/does the fitness instructor/service provider have to have some kind of qualification to be able to use your parks?

Yes. They have to be qualified to deliver the activities they are charging for. The qualifications are verified through their membership of seal (Dudley Council’s Sport & Physical Activity Providers Association). See www.dudley.gov.uk/seal for more information.

Do you provide equipment to enable the fitness trainer/service provider to carry out the training/service delivery eg. tyres, rope etc?

No. All equipment must be supplied by the provider.

Who pays for the equipment?

Any equipment used will be the property of the provider and therefore paid for by them.

How is the scheme managed?

Through the parks development and physical activity teams.

What is the money that is obtained from charging then used for?

The money from charges is reinvested into the parks to further enhance them as places where people can be physically active. This is in line with Dudley Council’s positive approach to health and well being.